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2025 DAILYLAW 8812 (JK)

NAZIR AHMAD SHEIKH AND ORS v. UNION TERRITORY OF J AND K (HOUSING AND URBAN DEVELOPMENT) AND ORS

WP(C)/2064/2025 · 2025-08-26

Moksha Khajuria Kazmi

Writ Petition (Civil)body2025

Judgment text

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Serial No. 140 Suppl. List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2064/2025 Nazir Ahmad Sheikh and Ors. ….. Appellant/petitioner(s) Through: - Mr. Sameer Qayoom, Advocate V/S UT of J&K and Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 26.08.2025 01. The case set up by the petitioners in this petition is that, petitioners 1 to 4 are discharging their duties as Helper and Tax Guards in Municipal Committee, Pahalgam, petitioner No. 5 is discharging his duties as Driver in Municipal Committee Seer Hamdan, petitioner No. 6 is working as Demolition Guard in Municipal Committee, Bijbehara and petitioner No. 7 is discharging his duties as tax Helper in Municipal Committee, Qazigund. The grievance of the petitioners is that they have been denied annual increments/arrears, as also an in-situ promotion due to them, because of non-availability of their service books, which the petitioners submit are seized by the Investigating Agency i.e. Crime Branch in FIR No. 19/2011 under sections 420, 468, 471, 120-B RPC read with Section Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document 5(2) of PC Act, registered in the Police Station Crime Branch, Kashmir. 02. It is submitted that more than twelve years have passed but the investigation has not been 4completed. The petitioners submit that they cannot be put to any disadvantageous condition, when no charge against them has been established in the investigation. Learned counsel for the petitioners in support of his case has relied upon the Judgment passed by this Court in WP(C) No. 3262/2023 titled as Mohammad Maqbool Ahanger and Anr. Vs. Ut of J&K and Ors. 03. Having regard to the submissions made by the learned counsel appearing for the petitioners and the nature of relief prayed for, this petition is disposed of by directing the Police Station Crime Branch, Srinagar, to make available the service books of the petitioners to the respondents No. 4 to 7 Executive Officers, Municipal Committee Pahalgam/ Seer Hamdan/Bijbehara and Qazigund, for making necessary entries in their service records. The respondent Nos. 4 to 7 shall, however, retain xerox copies of the service books for the purposes of investigation. Needless to say that on receipt of service books from the Crime Branch, the respondent Nos. 4 to 7 shall make necessary entries in the service books and grant appropriate relief to the petitioners as may be due to them as per law. 04. Writ petition Disposed of along with connected CM. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 26.08.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document